Opinion
No. 05-10-00780-CR
Opinion issued February 15, 2011. DO NOT PUBLISH. Tex. R. App. P. 47
On Appeal from the 292nd Judicial District Court Dallas County, Texas, Trial Court Cause No. F93-02163-V.
Before Justices FITZGERALD, LANG-MIERS, and FILLMORE.
MEMORANDUM OPINION
Robert Dean Miller appeals a judgment nunc pro tunc signed after his conviction for aggravated assault. The judgment nunc pro tunc was issued to change the degree of the offense to a third-degree felony, enhanced. The trial court had assessed punishment at thirty years' imprisonment. On appeal, appellant's attorney filed a brief in which she concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. Appellant filed a pro se response raising several issues. However, a court of appeals is not required to address the merits of claims raised in a pro se response. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005). Rather, the Court's duty is to determine whether there are any arguable issues, and, if so, to remand the case to the trial court so that new counsel may be appointed to address those issues. Id. After reviewing counsel's brief, appellant's pro se response, and the record, we agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Appellant has asked us, however, to modify the trial court's judgment nunc pro tunc to correct a clerical error. The record shows the trial court accepted appellant's guilty plea and imposed a thirty-year sentence on June 14, 1993. The judgment nunc pro tunc recites the sentence was imposed on April 14, 1993. Thus, the judgment is incorrect. We modify the trial court's judgment nunc pro tunc to show the judgment was entered, and the sentence was imposed and commenced, on June 14, 1993. See Tex. R. App. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27-28 (Tex. Crim. App. 1993); Asberry v. State, 813 S.W.2d 526, 529-30 (Tex. App.-Dallas 1991, pet. ref'd). As modified, we affirm the trial court's judgment.